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Pursuant to Article III, Section 36 (a) of Republic Act 9165 the following guidelines are hereby promulgated.

The guidelines shall apply to all applicants who wish to secure Professional or Non-Professional driver's licenses, whether, new licenses or renewal.  Likewise, the guidelines outline the objectives, procedures of the mandatory drug testing and consequences of a positive drug test result.

The guidelines will be implemented in all Land Transportation Offices (LTO) nationwide taking into consideration the autonomy of applicants to select the Department of Health-Accredited Drug Testing Center where they wish to be tested.

I.          REFERENCES

1. Republic Act 9165, Section 36 (a) Applicants for drivers license- No driver's license shall be issued or renewed to any person unless he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of dangerous drugs.
   
   
2. Republic Act 4136, Section 22 as amended by BP 398 - Every person who desires to personally operate any motor vehicle shall file an application to the Director or his deputies for a license to drive motor vehicles; Provided however that no person shall be issued a professional drivers license who is suffering from contagious disease and epilepsy or who is an alcohol or drug dependent.
   
   
3. Republic Act 4136, Section 53 - No person shall drive a motor vehicle while under the influence of liquor or narcotic drug.
   
   
4. DOTC Department Order 93-693 - Schedule of fines and penalties
   
   
5. RTL-MC-02-386- Guidelines in the renewal of driver's license and/or issuance thereof whose holder applicants were found positive in the use of dangerous drugs.
   
   
6. DOH IRR and Manual for Operations for Drug Testing

II.         DEFINITION OF TERMS

1. Drivers -- Shall mean every and any licensed operator of a motor vehicle
   
   
2. Professional Driver's License -- an authority embodied in a form prescribed by the Land Transportation Office (LTO), of a person to operate a private or public utility vehicle for compensation or business proper operations.  Nothing in this definition shall be construed to prohibit the holder of a professional driver's license from operating a private vehicle without compensation
   
   
3. Non-Professional Driver's License -- an authority of a person to operate any motor vehicle without compensation as in a form prescribed by the LTO
   
   
4. Restriction Code (RC)-- specification in the driver's license as to the type of motor vehicle a driver is allowed to operate
   
   
5. Mandatory Drug Testing -- refers to compulsory submission of a subject for drug testing as required by law.

III.        RATIONALE

In 2002, about 2.9 million drivers nationwide were required to undergo drug testing as a prerequisite for the issuance of driver's license.  According to the Land Transportation Office (LTO), about 11% of those who sought driver's licenses were confirmed positive for the use of methamphetamine or marijuana.  These drivers were denied their licenses.  Substance use has been documented to alter perception and therefore pose a hazard to the driver himself and to the public.

It is the responsibility of the State to create policies that would protect the public and to prevent hazards posed by the use of these substances.  Towards this end, the government through the LTO will require drivers to submit themselves to mandatory drug-testing conducted by DOH-Accredited Drug Testing Laboratories nationwide in accordance with the provisions of the Comprehensive Dangerous Drugs Act of 2002.

There is a need to promulgate and improve existing rules and regulations to remove drivers under the influence of dangerous drugs and reduce morbidity and mortality.

IV.       OBJECTIVES OF THE MANDATORY DRUG-TESTING OF DRIVERS

1. To deter dangerous drugs use among drivers
   
   
2. To determine the prevalence of drivers who are using dangerous drugs
   
   
3. To identify possible regional "hotspots" for drug use
   
   
4. To identify users and refer them for drug dependency examination and rehabilitation

V.        GENERAL GUIDELINES FOR DRUG TESTING

1. Any person who applies for new, renewal of professional/non-professional and additional restriction codes for driver's license shall be subjected to a mandatory drug test.
   
   
2. The applicant needs to proceed to the DTL and submits himself to drug testing in accordance with the approved DOH-IRR and Manual for Operations for Drug Testing. Choice of the DTL must be solely dependent on the applicant. Drug test result certificate will be presented to the Land Transportation Office (LTO).
   
   
3. Applicants for driver's licenses whether new or renewal, professional of non-professional and additional restriction code, is then requested to proceed to the nearest LTO nationwide and fill-up LTO prescribed forms.
   
   
4. Only those screened negative for dangerous drugs use conducted by any DOH-Accredited Drug-Testing Laboratory shall be issued the corresponding driver's license
   
   
5. Applicants for Professional and Non-Professional Driver's License, whether new or renewal and additional restriction code, who are confirmed positive for dangerous drugs use shall have their applications denied
   
   
6. All applicants who are confirmed positive for dangerous drugs use shall be barred from applying for new or renewal of licenses for six (6) months
   
   
7. All applicants who are confirmed positive for dangerous drugs after the six month probationary period shall be forever barred from applying for new or renewal of licenses
   
   
8. Holders of licenses who are found positive for dangerous drugs use shall have their licenses confiscated.

VI.       COST OF DRUG TESTING

Applicant for driver's licenses shall bear the cost of the mandatory drug testing

VII.      SEPARABILITY CLAUSE

If any provision of these guidelines or the application thereof to any person or circumstance is held to be invalid, the other provisions of these guidelines and the application of such provisions to other persons of circumstance shall not be affected thereby.

VIII.     EFFECTIVITY

This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and after registration with the Office of National Administrative Register (ONAR), UP Law Center, Quezon City.

Adopted: 21 Nov. 2003


(SGD.) JAIME M. VIBAR
(Representing the President, Integrated Bar of the Philippines)
Regular Member

(SGD.) MIGUEL A. PEREZ-RUBIO
(President, Katotohanan Foundation-NGO)
Regular Member

(SGD.) MA. MERCEDITAS N. GUTIERREZ
(Undersecretary, Representing the Secretary of Justice)
Ex-Officio Member

(SGD.) EPIFANIO A. LACAP
(Undersecretary, Representing the Secretary of Health)
Ex-Officio Member

(SGD.)AGNES VST DEVANADERA
(Undersecretary, Representing the Department of the Interior andLocal Government)
Ex-Officio Member

(SGD.) LOURDES G. BALANON
Undersecretary, Representing the Secretary of Social Welfare and Development

(SGD.) RAMON C. BACANI
(Undersecretary, Representing the Secretary of Education)
Ex-Officio Member

(SGD.) ANSELMO S. AVENIDO, JR.
(Director General, Philippine Drug Enforcement Agency)
Ex-Officio Member

(SGD.) PAOLO BENIGNO A. AQUINO IV
(Chairperson, National Youth Commission )
Ex-Officio Member

(SGD.) EDGAR C. GALVANTE
(Undersecretary, Permanent Member,)
Dangerous Drugs Board

(SGD.) BERNARDO T. LASTIMOSO
(Undersecretary, Permanent Member,Dangerous Drugs Board)

(SGD.) JOSE D. LINA, JR.
Secretary, Department of Interior and Local Government and OIC Chairman,Dangerous Drugs Board

Attested:

(SGD.) EFREN Q. FERNANDEZ
Undersecretary
Executive Director, Dangerous Drugs Board